Water Imperial Laws in Japan
Water Law in Imperial Japan
Public Goods, Private Claims, and Legal Convergence
INTRODUCTION
Yojimbo is a concept that describes the way private property and rare resources are not enforced by public authority. Japanese Imperial water laws go from a free-for-all grab of resources and water supply to an organized system with privatized properties and improved distribution. This journal researched the development and how Japan maintained traditional irrigation and water ownership over the centuries.
![](https://blogs.uoregon.edu/wc75/files/2021/01/1_6IT5cwSfSvebZ3jL7n8SKg-1.jpg)
(Fig. 1) Imperial palace next to water channel from dam.
redistribution systems
Development of Public and Private Property Claims
![(Fig. 1) Water controls in a Japanese Irrigation system](https://blogs.uoregon.edu/wc75/files/2021/01/intro.jpg)
(Fig. 2) Water controls in a Japanese Irrigation system
Rice is one of the essential resources throughout Japanese history. When it comes to growing rice, water is also a large component of the process, which inturn, makes water a valuable resource at the time as well. In ancient times, Japanese farmers became creative in the ways they irrigated water, such as: paddies, rivers, dams, terraces, and reservoirs. They sculpt their landscape to ensure that water floods in and out of the rice fields in the correct time. in Japanese culture, any interference or breakage of communal irrigation rules is considered a crime in regard to public order and private claims. Historically, water was a scarcity for farmers due to the policies that surrounded water. In the early periods of Japanese history, water was categorized as a communal resource, which led to farmers unsure of the consistency of rice harvests (Yasuda, 1933). During the 7th and 8th centuries, Japanese systems took inspiration from Chinese redistribution techniques. The people in power would cycle through land and resource distribution every 6 years, but this led to discouragement amongst the farmers and agricultural techniques lacked in advancements. For centuries, since resources were communal, peasants and farmers used land with no regard to long term consequences (Ramseyer, 5). Later in the 14th and 15th centuries, leaders took note of these disadvantages and shifted to more elaborate agricultural techniques. Private security and clearer boundaries of ownership was put in place. Due to these advancements: farmers, peasants, and other workmen alike were more encouraged to maintain this stability and invest more in developments. This is when the irrigation processes used to this day in Japan became more apparent. During the Tokugawa era (1600-1868), many of the basic irrigation processes created are still upheld to this day in Japan. As the Tokugawa era comes to a close, Japan has developed legal privatized farm and irrigation property as well as developed irrigation processes that the Japanese still hold dear in their traditions and nationalism.
irriga-toin imperial laws
In the Meiji period (1868-1912), private claims to water were based on the usage and flow of water. The courts at this time enforced the traditional laws that stemmed from the Tokugawa era with added customary private interests. An issue arose when there was an uneven distribution of water amongst land. Villages and farmers who have access to water could use it in whichever way they liked, and some were not generous. According to the code, the rights to land was privatized, which gave landowners complete rights to the land they owned, so those with no access to water suffered and property with access to water skyrocketed. Customs started to take shapes as a means for landowners with access to water to make a profit. Customary actions were made legal, however, it was still a form of privatization. The rights to water flowage, consumption, and divergence of water passages still are given to the holders of property owners.
(Fig. 3) Irrigation rivers on properties to redirect water.
(Fig. 4) Imperial Dam
(Fig. 5) Field channels to direct water into rice fields.
(Fig. 6) River channel that allows water to flow into fields by season.
hot spring imperial laws
The development of legal customs surrounding natural spring waters.
![](https://blogs.uoregon.edu/wc75/files/2021/01/22-22047.jpg)
(Fig. 7) Town of Kinosaki
Subterranean water was a new territory that needed regulating, as natural hot springs and bath houses are a long-holding tradition in Japan. These natural waters hold traditional customs and medicinal values that the Japanese have valued for centuries. Rural inns and bathhouses became a way of profit for those in countryside territories. During the Meiji era, many cases arose demanding the right to drill new wells in order to gain access to these sacred waters. As more and more were passed legally, hotels and man-made buildings were able to source these subterranean waters directly into their resorts and inns. Regulations arose as landowners began to take underground water with no regard. Customs hault newcomers from drilling for steam unless they purchase a license and they have permission from the village. For example. Ramseyer cites a legal dispute that took place in Kinosaki village. Kinosaki is well known for their baths that provided medicinal value. As the railroad arrived in 1909, many visitors from urban cities seeking refuge in the rural countryside yearned to bathe in these healing waters (Remseyer, 14). Authorities turned a blind eye when inns would mix spring waters, but the access to these spring waters began to split the town’s economy in half. Poorer locals and villagers began to cut off electricity to new hotels and inns that sprouted in Kinosaki. They cut off subterranean water flowage to these more modern hot springs and prioritized their natural ones they owned. The authorities came to an agreement that this situation was getting out of hand so the court developed a law that locals would have limited usage of underground steam, but proper, paying landowners were able to exploit an underground steam on their property. This includes indoor pumping as well. With the development of new drilling and pumping techniques in the 1960’s, as the visitors increased greatly (1.5 million visitors per year), inns were able to have their own baths once again.
![](https://blogs.uoregon.edu/wc75/files/2021/01/kinosaki_about_onsen01.jpg)
(Fig. 8) Modern day resort in Kinosaki, Japan. They pump natural spring water into their man made baths.
CONCLUSION
Water convergence of legal rules may seem ambiguous, but it is the most efficient process for the way water resources are distributed in Japan. Agricultural improvements stemmed from Early modern Japanese laws and their processes in privatizing water on usage and flow. It takes more than simply investing in water dependent facilities, potential landowners must use the water for a substantial amount of time in order to gain the customary right and to account for newcomers with a better legal private claim. The privatization and regulation of distribution actually increased the rate of agricultural development and irrigation systems in Japan. For this reason, Japan has maintained these sustainable, ancient ways of irrigation and water distribution. These qualities only add to the long-holding traditions and national pride of the country.
![](https://blogs.uoregon.edu/wc75/files/2021/01/download-4.jpg)
(Fig. 9) Rice terraces from Tokugawa era maintained to modern day.
WORKS CITED
Ramseyer, J. Mark. “Water Law in Imperial Japan: Public Goods, Private Claims, and Legal Convergence.” The Journal of Legal Studies, vol. 18, no. 1, 1989, pp. 51–77. JSTOR, www.jstor.org/stable/3085642. Accessed 4 Mar. 2021.
WORKS CITED IMAGES
Eyre, John D. “Ground View Irrigation Dam (Fig. 5, Pg 9).” Water Controls in a Japanese Irrigation System, 1976, www.jstor.org/stable/212230?seq=1.
Eyre, John D. “Irrigation Channel (Pg 6).” Water Controls in a Japanese Irrigation System, 1976, www.jstor.org/stable/212230.
Eyre, John D. “Small Irrigation Ditches in Oishi Village (Fig. 1, Pg 6).” Water Controls in a Japanese Irrigation System, 1976, www.jstor.org/stable/212230?seq=1.
“Hot Springs a Class Above the Rest.” Visit Kinosaki , 2018, visitkinosaki.com/in-the-area/kinosaki-onsen/about-kinosaki-onsen/.
Imperial Palace in Tokyo. 1908, en.wikipedia.org/wiki/Tokyo_Imperial_Palace.
Koichi Kamoshida, Koichi. “ Matsudai Tanada Region in Niigata, Japan.” The World, Global Post, 2008, www.pri.org/stories/2011-11-28/rice-20-climate-changes-rice-japan.
Oliver, Mark. “Imperial Japan.” All Things Interesting, 2017, allthatsinteresting.com/imperial-japan.
Tomoni, Sawada. “Kinosaki Bridge.” 日帰り・1泊どちらもオススメ!大阪・京都から行きたい温泉スポット5選, 2018, matcha-jp.com/jp/5887.